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Chapter 15 The Law's Intricacy

WHILE the scenes we have described in the foregoing chapter were being performed, several very interesting ones were going through the course of performance at the consul's office and other places, which we must describe. The British Government, in its instructions to Mr. Mathew, impressed upon him the necessity of being very cautious lest he should in any manner prejudice the interests of the local institutions within his consular jurisdiction; to make no requests that were incompatible with the local laws; but to pursue a judicious course in bringing the matter of Her Majesty's subjects properly to the consideration of the legal authorities, and to point to the true grievance; and as it involved a question of right affecting the interests and liberties of her citizens, to ask the exercise of that judicial power from which it had a right to expect justice. The main object was to test the question whether this peculiar construction given to that local law which prohibits free colored men from coming within the limits of the State, was legal in its application to those who come into its ports connected with the shipping interests, pursuing an honest vocation, and intending to leave whenever their ship was ready. The consul was censured by the press in several of the slaveholding States, because he dared to bring the matter before the local legislature. We are bound to say that Consul Mathew, knowing the predominant prejudices of the Carolinians, acted wisely in so doing. First, he knew the tenacious value they put upon courtesy; secondly, the point at issue between South Carolina and the Federal Government, (and, as a learned friend in Georgia once said, "Whether South Carolina belonged to the United States, or the United States to South Carolina;") and thirdly, the right of State sovereignty, which South Carolina held to be of the first importance. To disregard the first, would have been considered an insult to the feelings of her people; and if the question had first been mooted with the Federal Government, the ire of South Carolinians would have been fired; the slur in placing her in a secondary position would have sounded the war-trumpet of Abolition encroachments, while the latter would have been considered a breach of confidence, and an unwarrantable disregard of her assertion of State rights. The Executive transmitted the documents to the Assembly, that body referred them to special committees, and the Messrs. Mazyck and McCready, reported as everybody in South Carolina expected, virtually giving the British consul a very significant invitation to keep his petitions in his pocket for the future, and his "black lambs" out of the State, or it might disturb their domesticated ideas. Thus was the right clearly reserved to themselves, and the question settled, so far as the State Legislature was concerned. The next course for Mr. Mathew was to appeal to the Judiciary, and should redress be denied, make it the medium of bringing the matter, before the Federal courts.

We cannot forbear to say, that the strenuous opposition waged against this appeal of common humanity arose from political influence, supported by a set of ultra partisans, whose theoretical restrictions, assisted by the voice of the press, catered to the war-spirit of the abstractionists.

The British consul, as the representative of his government, knowing the personal suffering to which the subjects of his country were subjected by the wretched state of the Charleston prison, and its management, sought to remove no restriction tha............

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